WRITTEN QUESTION No. 1548/97 by Hiltrud BREYER to the Commission. Phosphate ester poisoning due to the use of Tiguvon (Fenthion) manufactured by Bayer Leverkusen
Date: 1997-05-05
Institutions: BREYER, European Parliament
Subjects: application of EU law, civil liability proceedings, consumer protection, domestic animal, insecticide, producer's liability, product safety, proof, public health, toxic substance

22. 1. 98

EN

Official Journal of the European Communities

C 21/67

What  should  be  done  if  pet-owners  suffer  poisoning?  Who  takes  responsibility  for  chronic  damage  to  their
health? What arrangements exist for the settlement of claims? What evidence needs to be produced?

(1)  OJ C 345, 15.11.1996, p. 76.

(98/C 21/158)

WRITTEN QUESTION E-1548/97

by Hiltrud Breyer (V) to the Commission

(5 May 1997)

Subject: Phosphate ester poisoning due to the use of Tiguvon (Fenthion) manufactured by Bayer Leverkusen

The  flea-repellant  Tiguvon  (Fenthion)  manufactured  by  Bayer  Leverkusen  can  be  administered  in  different
forms. Tiguvon 10 is intended for cats over 2 kg in weight. The use of Tiguvon 20 is recommended for dogs
weighing between 3 and 10 kg, while dogs with a body weight of more than 10 kg should be treated with Tiguvon
20 G. People who have repeatedly treated their pets with Tiguvon (Fenthion) have suffered serious phosphate
ester poisoning. As it was unable to answer my Question E-1470/96 (1) on the same subject, I would ask the
Commission to answer the following questions as a matter of urgency:

When will the burden of proof at last be reversed throughout Europe where injury is suffered as a result of the
marketing of these and similarly dangerous products, the dubious benefit of which bears no relation to the risk
they entail?

(1)  OJ C 345, 15.11.1996, p. 76.

Joint answer
to Written Questions E-1546/97 and E-1548/97
given by Mr Monti on behalf of the Commission

(11 July 1997)

Community legislation on manufacturers’ liability for damage caused by defective products was first introduced
in 1985 (1) and has been incorporated into national law in all the Member States except France. The enacting
measure in Germany is the Produkthaftungsgesetz (Product Liability Law) of 15 December 1989, published in
Bundesgesetzblatt (Federal Law Gazette) 1989 I 2198 (2). In 1995 the Commission presented to Parliament and
the Council its first report on the application of the Directive (3), stating that the Directive is generally perceived
as an important piece of legislation which has helped to increase awareness of product safety and to ease the
burden of proof on the injured party (who no longer has to prove that the producer was at fault).

The Directive has added a system of liability without fault to the Member States’ existing systems of contractual
and non-contractual liability. Under the new arrangements, liability for damage caused by a defective product
rests with the producer and cannot be excluded or limited because the parties so wish.

Legal proceedings may be instituted by any injured person who is able to prove the damage, the defect and the
causal relationship between the two. Once an injured person has furnished proof of each of these elements, the
producer may refute liability only on the basis of one of the exemptions provided for in Article 7 of the Directive
(e.g. the state of scientific and technical knowledge at the time when the product was put into circulation was not
such as to enable the existence of the defect to be discovered: (cid:145)development risks(cid:146) (4)).

It should be pointed out that, under the Directive, a product is deemed to be defective when it does not provide the
safety which a person is entitled to expect, taking all circumstances into account, including: the presentation of
the product; the use to which it could reasonably be expected that the product would be put; the time when the
product was put into circulation. The Directive covers, among other things, damage caused by death or personal
injuries occurring within ten years of the product in question being put into circulation.

Community  legislation  does  not  provide  for  the  establishment  of  a  system  to  cover  the  risks  (either  a  (cid:145)pool(cid:146)
insurance scheme or a state-funded compensation scheme).